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Mendocino County Unincorporated
City Zoning Code

CHAPTER 20

208 - APPEALS51


Footnotes:
--- (51) ---

Editor's note— Ord. No. 4538, § 55(Exh. A), adopted September 10, 2024, repealed Ch. 20.208 and enacted a new Ch. 20.208 as set out herein and as may later be amended. Former Ch. 20.208 pertained to similar subject matter and derived from Ord. No. 3639, adopted 1987.


Sec. 20.208.005 - Declaration.

The purpose of these provisions is to prescribe the procedure by which an appeal may be taken from a decision of the Department, Director, Zoning Administrator or the Planning Commission made pursuant to the administration or enforcement of the Zoning Code.

(Ord. No. 4538, § 55(Exh. A), 9-10-2024)

Sec. 20.208.010 - Administrative Appeals.

(A)

Request for hearing before the Planning Commission may be made by the property owner or any interested person from any decision, determination, or requirement of the Department or the Director by filing a request in writing with the Department within ten (10) days after such decision, determination or requirement is made. Such appeal shall be on the forms as approved by the Director, include a statement of the basis of the appeal and be accompanied by a fee.

(B)

The Department shall prepare a written report that includes its findings which shall be forwarded to the Planning Commission for action. The action of the Planning Commission is final unless appealed to the Board of Supervisors pursuant to Section 20.208.015.

(C)

Written notice of the date of the hearing before the Planning Commission shall be provided to the appellant and the applicant not less than ten (10) days before the hearing.

(Ord. No. 4538, § 55(Exh. A), 9-10-2024)

Sec. 20.208.015 - Zoning Administrator and Planning Commission Appeal.

(A)

Request for hearing before the Board of Supervisors may be made by the property owner or any interested person from any decision, determination or requirement of the Zoning Administrator or the Planning Commission by filing a notice thereof in writing with the Clerk of the Board within ten (10) days after such decision, determination or requirement is made, on the forms as approved by the Director, including a statement of the basis of the appeal and be accompanied by a fee.

(B)

The Board of Supervisors shall hold a public hearing, noticed in the same manner and to the same extent as initially noticed for the Zoning Administrator and/or Planning Commission meeting, on the appeal. The Board of Supervisors, after considering the notice and Planning and Building Services Department report may affirm, reverse or modify any such decision, determination or requirement as it deems just, equitable and in compliance with this Division and the General Plan. The decision of the Board of Supervisors is final.

(C)

No permits may be granted for any use or structure related to the action of the Zoning Administrator or Planning Commission until the ten (10) day appeal period has expired and no appeals have been filed with the Clerk of the Board.

(Ord. No. 4538, § 55(Exh. A), 9-10-2024)